Civil action possible after man found not-guilty in chemicals case

A Cole Harbour man accused of threatening police with a rare, dangerous chemical has been found not guilty by a judge of the threat charge and of possessing a dangerous weapon.

Judge David MacAdam found there was no proof beyond a reasonable doubt that Christopher Phillips intended to hurt someone.

During the trial, Phillips’ lawyer argued his client was joking when he sent an e-mail to a friend suggesting he could throw some of the chemical osmium tetroxide at officers if they entered his home.

Phillips was arrested at an Ottawa hotel after police found a stockpile of chemicals during evacuations in Cole Harbour and Grand Desert.

Defence lawyer Mike Taylor questioned whether charges ever should have gone ahead.

“Mr. Phillips has been in custody since January 21st of this year, so 5-months in custody,” he told News 95.7. “The judge agreed that any reasonable person looking at all the evidence would have to conclude this simply wasn’t a threat.”

He added even with the acquittal, his client still spent time behind bars for a criminal offense he didn’t commit, and that should be addressed.

“There’s certainly the possibility you have to look at, making some kind of a claim for compensation, or possibly looking at some kind of civil action,” said  Taylor.

Asked whether his client is looking for an apology, Taylor said that would be nice, but whether it would have any impact at this point is another question.

He added it may ring a little hollow considering the lost time with family and damage to his reputation.

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